A historic EU directive banning tobacco advertising and sponsorship of sporting, cultural and other events by tobacco companies will come into effect should it be approved by the European Parliament later today. The level of support in a debate yesterday indicates the directive is set to be adopted without amendment, despite MEPs being subject to intensive lobbying by tobacco and publishing interests.
The directive also continues to face considerable opposition among MEPs from Germany, the EU's largest tobacco manufacturers, amid claims that a legal challenge against it in the European Court of Justice is inevitable. Some MEPs said its logic suggests cars and alcohol should also be banned.
The directive will prohibit television, radio, newspaper, magazine or billboard advertising through a phased introduction of specific bans. Member-states have two years to adopt appropriate national legislation.
Television coverage of tobacco company names and logos at big events also comes under the ban, which will be enforced in stages from 2001 to 2006. It also provides "exceptional provisions" for phasing out, ultimately, of tobacco sponsorship of "world events" including motor racing.
Adoption is seen as a personal triumph for the Irish EU Commissioner, Mr Padraig Flynn, who is responsible for health and oversaw its passage through the Council of Ministers, a process that has taken nearly 10 years. He told the parliament: "This has such great significance for young people, now and into the future. The EU stands on the brink of a momentous and historic breakthrough."
Mr Flynn said the draft was "the most satisfactory arrangement possible to deal with tobacco advertising within the internal market context". But he warned: "It's this common position or nothing."
The proposal for adoption came from the parliament's environment committee, whose rappor- teur, Prof Christian Cabrol, said any amendment forced through would torpedo the directive. "Tobacco kills 500,000 people a year in Europe as a result of lung cancer, heart disease, and other respiratory diseases. Advertising tobacco creates this death rate. Incitement to smoke is incitement to murder."
There was no problem with its legal basis, although the parliament's legal committee said it should not have been adopted under legislation covering free movement. It contended that Article 129 relating to public health was more appropriate, given that it was a ban and not a harmonising measure.
The Irish MEP, Mr Gerard Collins (FF), said the measures would counter attempts by tobacco companies with an annual advertising budget of £320 million in Europe to "corner the teenage market with innovative and inviting forms of advertising".
The directive, according to Ms Bernie Malone (Lab), was an example of "Europe standing up for the common good and rejecting the well-financed and, at times, almost threatening campaigns of the tobacco lobby and of the media moguls".
Further measures to reduce smoking have been sought by the environment committee and are being considered by the European Commission. These include reviews of tobacco labelling and tar content directives, of tobacco product additives and of the influence of the Internet on tobacco consumption. A British Conservative, Ms Caroline Jackson, said she resented suggestions that those opposing the directive were being manipulated by the tobacco industry. She opposed tobacco advertising and sponsorship but there was "clearly a legal problem" which the British presidency of the EU was avoiding in the hope of getting "an easy victory" on the issue, she said.
She deplored the EU's subsidisation of European tobacco (exported to the Third World countries because of its poor quality). This amounted to three times the advertising budget of tobacco companies in Europe, she noted. Mr Flynn said he was opposed to the subsidy and looked forward to the day of its withdrawal.
